Bid to send ‘Hooded Men’ case straight to the Supreme Court
A LEGAL challenge to the alleged torture of 14 men during internment in Northern Ireland could be set to go directly to the UK’s highest court.
Lawyers involved in the socalled Hooded Men case want permission to “leapfrog” the usual route and bring any appeal straight to the Supreme Court in London.
The application is based on the public interest in ensuring a final outcome for surviving members of the group in proceedings which are related to their treatment nearly half a century ago.
In October, a High Court judge ruled that a police decision to end preliminary inquiries into suspected UK Government-sanctioned torture of the men is to be quashed.
Mr Justice Maguire held that research undertaken to establish any criminality around their deep interrogation in 1971 had been too narrow and lacked focus. But he rejected related claims that the State was in breach of a legal obligation to carry out a full and independent investigation into their treatment — because the events occurred decades before human rights legislation came into force.
The verdict left the PSNI facing a fresh process on how to handle allegations of ministerial involvement which emerged in a 2014 television documentary.
Lawyers in the case returned to court this week seeking a certificate that would allow any challenge to the outcome to bypass the Court of Appeal. Although no appeal has been confirmed, Mr Justice Maguire was told the bid to take a leapfrog appeal to the Supreme Court was agreed by the parties.
Hugh Southey QC, representing most of the surviving Hooded Men, contended: “If ever there was a case where a certificate is appropriate this is that case.”
Following submissions judgment was reserved in the application. Outside court the men’s solicitor, Darragh Mackin of KRW Law, stressed the need to secure a final resolution.
He said: “Given the significance and importance of the issues in play, it is our view that this matter should proceed directly to the Supreme Court.
“One of our clients has sadly passed away since this case began. Time is of the essence.”
Mr Mackin added: “If there is to be an appeal, it should be expedited to the Supreme Court to ensure justice is done and seen to be done by those it directly affects.”
The Hooded Men issued proceedings against the Chief Constable, Secretary of State and the Department of Justice.
During the original case they argued the authorities have failed to comply with duties under the European Convention on Human Rights to properly probe and order a full inquiry into what happened to them while interned at British Army facilities in Ballykelly, Co Derry.
Amid claims the men’s treatment was sanctioned by the State, the court heard former Prime Minister Edward Heath was involved in the decision-making process.
Stormont’s Prime Minister at the time, Brian Faulkner, was also personally briefed on the deployment of the techniques, according to their case.